Kenyan case law
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Joseph Muiru Kabira & another v Patrick Kirika Karanja & another [2019] KEELC 450 (KLR)
✦ The Petitioners' Petition is dismissed as the Respondents are entitled to raise a preliminary objection.
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Nyokabi Kinyanjui & another v John Njenga Kinyanjui [2019] KEELC 567 (KLR)
✦ The Court held that the Environment and Land Court has concurrent jurisdiction to hear and determine disputes of succession relating to land, and that the Plaintiffs’ issue of trust is not a matter for the succession court.
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James Owuor Amolo v Peter Adongo Okongo & 2 others [2019] KEELC 477 (KLR)
✦ The application is disallowed with costs.
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M’Twiga Bore v Eliphas Kithinji Bore [2019] KEELC 447 (KLR)
✦ The application is granted on condition that the appellant deposits Kshs.500,000 as security.
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Ndereba Naichu v Kanga Mwirabua & 11 others [2019] KEELC 290 (KLR)
✦ The court granted an order to maintain the status quo and to hear the main suit.
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Mohamed Gallo Galgalo v Abdullahi Omar Sheikh [2019] KEELC 480 (KLR)
✦ The court grants the applicant leave to lodge an appeal out of time and orders a stay of execution pending appeal.
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Odera Indakwa v Emmanuel Omumasaba & another [2019] KEELC 708 (KLR)
✦ The court nullified the title deed and ordered the land to revert to the plaintiff.
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Republic v District Land Registrar & 2 others Exparte Ruth Wangari Waihenya; Charles Gichuki Murage (Interested Party) [2019] KEELC 184 (KLR)
✦ The Court finds that the Nyandarua Olkalau Division Land Dispute Tribunal overstepped its jurisdiction in giving an award that entailed the tampering of title, which could only be ordered by either the High Court or the Environmental and Land Court. The decision was adopted by the District Land Registrar and implemented, causing a grave miscarriage of justice to the Applicant.
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Rose Mukonda Opanda & 3 others v Leonida Omukoyia Nyangweso [2019] KEELC 709 (KLR)
✦ The application is dismissed with costs
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Josephine Mueni v Patrick Ihachi [2019] KEELC 650 (KLR)
✦ The court grants an order of eviction to the plaintiff/applicant and orders the O.C.S. Malaika Police Station to provide security during the eviction.
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James Archer & another v Inger Christine Archer & 5 others [2019] KEELC 436 (KLR)
✦ The plaintiffs' claim is dismissed with costs.
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Rose Wangui Wanderi (suing as the personal legal Representative to the estate of Hezron Gatheru Kuria) v Samwel Mwangi Githamaro [2019] KEELC 713 (KLR)
✦ The Court dismisses the Preliminary Objection and orders the Respondent to pay costs.
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Charles Lutta Kasamani v Attorney General & another [2019] KEELC 706 (KLR)
✦ The court finds in favor of the plaintiff, granting him the alternative land equivalent to L.R. 8056/314 Mumias Township in the Republic of Kenya.
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Chuka Igamba Ng’ombe Development Association v County Government of Tharaka Nithi [2019] KEELC 602 (KLR)
✦ The Preliminary Objection is dismissed with costs, and the suit proceeds for substantive hearing and determination.
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Arthur James Otenyo & another v Jactone Okila Okama & another [2019] KEELC 710 (KLR)
✦ The court finds in favor of the defendants, dismissing the plaintiffs' claims and counterclaims.
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Mwaura Karuga v Embakasi Ranching Company Limited & 2 others; Walter Otiso Osoro (Intended Interested Party) [2019] KEELC 548 (KLR)
✦ The Court denied the application for review and/or setting aside of the judgment issued on 17th October 2014, and dismissed the application for injunction and conservatory orders.
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Ethics & Anti Corruption Commission v Wilson Gacanja & 5 others [2019] KEELC 183 (KLR)
✦ The court denies the 2nd defendant's application and orders the hearing to proceed without further documents being filed.
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Millicent Orieyo v Lilly Suleiman Sharbaid & another [2019] KEELC 531 (KLR)
✦ Judgment is entered for the plaintiff in terms of prayers (a), (b), (c), (d), (e), (f) and (g) of the Plaint.
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Khatib & Company Advocates v Swahili Beach Resort [2019] KEELC 105 (KLR)
✦ The Chamber summons application is dismissed with costs to the Respondent.
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Michael ole Dikirr v Tananko ole Kwena & 3 others [2019] KEELC 443 (KLR)
✦ The ex parte judgment should not be set aside as the Defendants were properly served with summons and the judgment was regular.
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Seventh Day Adventist Church (East Africa) Ltd – Victory SDA Church v Caleb Ouma,Sam Otieno, Richard Oluoch, Barrack Were & Abas Waheb, (Environment & Land Case 806 of 2015) [2019] KEELC 729 (KLR) (22 November 2019) (Ruling)
✦ The court denied the application to recall, review and set aside the eviction order, finding that the grounds for review were not met.
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Joyce Kanini Shadrack & another v Jane Wamunyu [2019] KEELC 529 (KLR)
✦ The court finds the issue of the size of the land occupied by the defendant as a non-issue. The court also determines that the plaintiffs have not produced sufficient evidence to prove the allocation of the land by Kirinyaga County Council. The suit is not res-judicata as the previous cases were not between the same parties or those under whom they claim litigating under the same title. The court does not find evidence of adverse possession.
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Mohamed Salim Msellem v Halima Mshamu [2019] KEELC 675 (KLR)
✦ The court finds in favor of the Plaintiff, Mohamed Salim Msellem, and orders the Defendant, Halima Mshamu, to vacate the land within 45 days and demolish any structures on it. The Plaintiff is awarded costs of the suit.
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County Government of Tana River v Mohamed Godhana & 3 others [2019] KEELC 629 (KLR)
✦ The orders against the 5th Defendant are set aside, and he is given an opportunity to present his case before the court.
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Kenneth Kirika Watene v Peter Kimani Kairu t/a KN Associates & 2 others [2019] KEELC 511 (KLR)
✦ The Suit Properties were properly conveyed to the 2nd Defendant and the Plaintiff's claim is dismissed.